Can Anyone File A FELA Claim?

FELA, or the Federal Employers Liability Act, was passed by Congress in 1908 to protect workers in the very dangerous railroad industry.  At the turn of the century, railroad use had shown a marked increase and, as a result, railroad worker accidents had increased, as well.  Workers’ compensation laws did not protect these employees in sufficient measures, nor did they do anything to encourage railroad companies to step up their safety measures to reduce the number of railroad worker accidents.  FELA changed that, providing a means by which victims of railroad worker accidents could retain FELA lawyers and file FELA lawsuits to receive compensation for their injuries and suffering. 

But it is not only victims of railroad worker accidents who can consultlawyers and file such FELA lawsuits.  If the worst happens and victims die from their railroad worker accidents, their immediate family may also retain an attorney and file a FELA lawsuit to receive compensation.  Not only might their lawyer win the same kind of compensation as injured victims of railroad worker accidents, that lawyer may also seek pecuniary damages to compensate the family for contributions from their loved one throughout the remainder of their life.  A good lawyer may also include compensation for the value of the guidance, comfort, and training the deceased may have contributed to their minor children in the coming years.

Filing FELA Lawsuits
Filing a FELA lawsuit for railroad worker accidents is a bit different from filing a regular worker compensation suit.  Since they are complex cases that require a unique understanding of FELA laws and the railroad industry.  FELA lawyers understand that instead of the no fault standard of worker compensation suits, FELA lawsuits have a “featherweight” burden of proof in railroad worker accidents.  That means that a lawyer must only prove in their FELA lawsuit that a defendant was somehow negligent, and that that negligence contributed to the injuries in railroad worker accidents. 

In addition, the defendant in railroad worker accidents may be the railroad company or employer, but FELA lawyers may also file FELA lawsuits against an equipment manufacturer or another employee.  As long as a FELA lawyer can prove some degree of liability for railroad worker accidents, they have grounds to file a FELA lawsuit.

However, that liability does not have to be all or nothing in FELA lawsuits.  A FELA lawyer may attempt to prove 100% liability on the part of the defendant, but if the defendant’s attorney can prove that, the plaintiff had some portion of liability, that will lessen the amount of damages the defendant has to pay in the FELA lawsuit.  For example, if the court rules that damages equal $100,000, and that the defendant is 75% at fault, they will have to pay $75,000 in damages.  The plaintiff will be required to cover the remaining $25,000, or 25% of liability in railroad worker accidents.

FELA Compensation
If a FELA lawyer is able to prove employer liability in a FELA lawsuit for railroad worker accidents, the court determines the amount of compensation that is appropriate.  There are often three categories, which they consider when determining FELA lawsuit compensation:

• Medical costs for care and rehabilitation as a result of railroad worker accidents
• The amount of wages lost, both past and future, due to railroad worker accidents
• Damages for pain and suffering, as well as mental anguish resulting from railroad worker accidents

For the family of victims whose railroad worker accidents result in death, their FELA lawyer also petitions for FELA lawsuit damages to compensate the family for what the deceased would have contributed, financially and emotionally, to the family throughout their life.

FELA Lawsuit Settlements
Once a FELA lawyer compiles a FELA lawsuit, they may attempt to negotiate a settlement out of court and reach an agreement concerning compensation for railroad worker accidents.  That saves court costs, time, and a public airing of often very personal events.  For other railroad worker accidents, the court may order FELA lawyers to participate in “alternative dispute resolution” for FELA lawsuits for those same reasons.  If those negotiations fail, a FELA lawyer will have to argue their FELA lawsuit in court.  While many FELA lawsuits are settled out of court, those that are not may result in high-profile victories for FELA lawyers and their clients, and awards in the millions of dollars.